How Do I Know if I Can Make a Personal Injury Claim?
You can make a personal injury claim if you are injured in an accident for which someone else is wholly or partially to blame. To find out for certain, you need to speak to a personal injury lawyer about your case.
Who can make a personal injury claim?
Anyone injured in an accident through no fault of their own is entitled to make a personal injury claim for compensation. This might include people who are injured –
- At work
- In a public place
- While travelling as a passenger
- While driving
- While cycling/on a motorcycle
- While walking/running as a pedestrian
It is also worth noting that there is no minimum or maximum age limit for personal injury claims. Those under the age of 19 are permitted to make a claim, although the rules do differ slightly.
Grounds for a personal injury claim
To make a successful personal injury claim, you must be able to show that –
- You were owed a duty of care by another person or organisation
- That duty of care was breached
- You suffered injuries as a result of that breach
By way of example, imagine that you are driving a vehicle. You are sat stationary at a red light when another vehicle collides into the back of you. The driver was not concentrating because he was changing the radio station. You suffer chronic whiplash as a result of the accident and require ongoing rehabilitation.
In this scenario, you would have grounds to make a personal injury claim. All road users owe each other a duty of care. The driver who collided with you breached this duty of care, making him ‘at fault’. You developed whiplash symptoms shortly afterwards, meaning there is a direct link between the accident and your injuries.
Speak to a Vancouver personal injury lawyer
Not all accidents are as clear-cut as the one described above. This is particularly true where liability (meaning who is to blame for the accident) is disputed. For instance, you may have been knocked over at a crossroads as a pedestrian. You might say the driver failed to stop, whereas the driver may say you failed to check for oncoming traffic.
That is why it is best to speak to a personal injury lawyer about your case. A lawyer can listen to the details of your accident before explaining the options available. That way, you can clarify whether or not you have grounds to pursue a compensation claim. Other organisations, such as ICBC, may be reluctant to provide this advice.
What if I am partially to blame?
In certain situations, you may be partially to blame for the accident. If so, you can still pursue a personal injury claim. However, your compensation settlement will be reduced to reflect your involvement. This is known as contributory negligence.
If you are entirely to blame for the accident, you cannot make a personal injury claim. But if you were injured in a motor vehicle accident, you can still obtain ICBC Part 7 benefits. These are often called ‘no-fault benefits’ because it does not matter who was responsible for the accident.
Contact us now
Would you like to know if you are able to make a personal injury claim? If so, contact us now at John Mickelson Law Corporation. We can clarify the options available to you.
For more information, please contact us now at John Mickelson Law Corporation. Either fill in the free online enquiry form or call us on 604 684 0040.